(1) In determining whether a person is an abuser for purposes of this chapter, the court must find by clear, cogent, and convincing evidence that:    

     (a) The decedent was a vulnerable adult at the time the alleged financial exploitation took place; and

     (b) The conduct constituting financial exploitation was willful action or willful inaction causing injury to the property of the vulnerable adult.

     (2) A finding of abuse by the department of social and health services is not admissible for any purpose in any claim or proceeding under this chapter.

     (3) Except as provided in subsection (2) of this section, evidence of financial exploitation is admissible if it is not inadmissible pursuant to the rules of evidence.

[2009 c 525 § 16.]